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07-108
Resolution No. 07-108 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CLERICAL TECHNICAL GROUP SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 WHEREAS, representatives of the City of Elgin and representatives of the Clerical and Technical Group Service Employees International Union Local 73 have met and discussed wages, fringe benefits and other working conditions; and WHEREAS,said representatives have submitted for review and approval by the City Council an agreement pertaining to such matters; and WHEREAS, the City Council has reviewed said agreement and finds that it is fair and equitable for the City of Elgin and employees covered by it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the proposed agreement between the City of Elgin and the Clerical and Technical Group Service Employees International Union Local 73,a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to execute said agreement on behalf of the City of Elgin. Ed Schock, Mayor Presented: April 25, 2007 Adopted: Vote: Yeas Nays: Recorded: Attest: Dolonna Mecum, City Clerk Agreement Between The City of Elgin And Clerical Technical Group Service Employees International Union Local 73 December 25, 2005 thru December 20, 2008 TABLE OF CONTENTS PAGE PREAMBLE 1 ARTICLE I Recognition 1 Section 1. Bargaining Unit 1 Section 2. Classifications 1 ARTICLE II Management Responsibilities 1 Sub-Contracting 2 ARTICLE III Non-Interruption of Work 2 ARTICLE IV Union Rights 3 Section 1. Representation Rights 3 Section 2. Bulletin Board 3 Section 3. E-mail 3 Section 4. Visitation by Union Representative 3 ARTICLE V Anti-Discrimination 4 Section 1. No Discrimination 4 Section 2. Rights Under the Agreement 4 ARTICLE VI Union Security 4 Section 1. Checkoff 4 Section 2. Fair Share 4 Section 3. Fair Representation 5 Section 4. Indemnification 5 Section 5. Civil Service Commission 5 Section 6. New Hires 5 ARTICLE VII Seniority 5 Section 1. Definition and Accumulation 5 Section 2. Termination of Seniority 6 Section 3. Probationary Period 6 Section 4. Job Vacancies 7 Section 5. Career Ladder 8 Section 6. Preference Based on Departmental Seniority 8 Section 7. Carry-over of Seniority 8 i ARTICLE VIII Layoff and Recall 8 Section 1. Layoffs 8 Section 2. Recall List 9 Section 3. Order of Recall 9 ARTICLE IX Wages 10 Section 1. Wages . 10 Section 2. Retroactivity 10 Section 3. Training Bonus 10 Section 4. Job Reclassification or New Job Creation 10 Section 5. SEIU National Industry Pension Fund 11 Section 6. Temporary Upgrading 11 ARTICLE X Hours of Work and Overtime 11 Section 1. Application of this Article 11 Section 2. Normal Work Week 11 Section 3. Work Schedule Change 11 Section 4. Overtime Pay 11 Section 5. Scheduled and Anticipated Overtime 12 Section 6. Telecommunications 12 Section 7. Standby 13 Section 8. Callouts 13 Section 9. Standby/Callout Policy-Building Maintenance Technician 13 Section 10.Compensatory Time 13 Section 11.Travel Time-Training 14 Section 12.Travel Time-Court 14 Section 13. Light Duty and Overtime 14 Section 14. No pyramiding 15 ARTICLE XI Holidays and Personal Days 15 Section 1. Recognized Holidays 15 Section 2. Holiday Observance 15 Section 3. Holiday Remuneration 15 Section 4. Holiday Pay Eligibility 16 Section 5. Personal Days 16 Section 6. Personal Day Conversion 16 Section 7. Overtime Computation 16 Article XII Vacations 17 Section 1. Accrual 17 ii Section 2. Vacation Pay 17 Section 3. Increasing Vacation 17 Section 4. Scheduling 17 Section 5. Scheduling— Shift Employees 18 ARTICLE XIII Sick Leave 18 Section 1. Accrual 18 Section 2. Employee Release 18 Section 3. Conversion 19 Section 4. Attendance Incentive Recognition 19 Section 5. Utilization of Sick Leave. 20 ARTICLE XIV Medical and Health Plans 20 Section 1. Medical and Health Coverage 20 Section 2. Medical Insurance 20 Section 3. Health Maintenance Organization 20 Section 4. Retiree Participation 21 ARTICLE XV Health Club Membership 21 ARTICLE XVI Worker's Compensation 21 ARTICLE XVII Dental and Optical Plans 21 ARTICLE XVIII Life Insurance 22 ARTICLE XIX Employee Discipline 22 Section 1. Employee Discipline 22 Section 2. Verbal Counseling 22 Section 3. Meeting Prior to Suspension or Termination 23 Section 4. Expungement of Records 23 ARTICLE XX Uniform Allowance 23 ARTICLE XXI Grievance Procedure 24 Section 1. Definition of Grievance 24 Section 2. Meeting Prior to Filing of Grievance 24 Section 3. Grievance Procedure 25 Section 4. Time Limits 26 Section 5. Investigation and Discussion of Grievances 26 Section 6. Precedence of Agreement 26 iii Section 7. Disciplinary Investigation 26 ARTICLE XXII Drug Testing and Substance Abuse 27 ARTICLE XXIII Fleet Safety Program 27 Section 1. Scope 27 Section 2. Purpose 27 Section 3. Driver Qualification 28 Section 4. Driver's License 28 ARTICLE XXIV Hepatitis B Vaccinations and Tuberculosis Testing 28 ARTICLE XXV Improper Orders 29 ARTICLE XXVI Entire Agreement 29 ARTICLE XXVII Direct Deposit 29 ARTICLE XXVIII Savings 30 ARTICLE XXIX Term 30 ARTICLE XXX Joint Labor Management Committee 30 ARTICLE XXXI Residency 31 ATTACHMENTS: ATTACHMENT A Job Classifications 32 ATTACHMENT B Alternative Impasse Resolution Procedure 33 ATTACHMENT C Discipline Arbitration Panel 39 ATTACHMENT D New Employee Information Form 40 ATTACHMENT E Side Letter 41 ATTACHMENT F Request For Legal Opinion Form 42 ATTACHMENT G Side Letter 43 iv PREAMBLE This Agreement is made by and between the City of Elgin (herein called "City") and the Clerical/Technical Employee Group/SEIU Municipal Division,Local 73 (herein called "Group" or "Union") for and on behalf of all non-probationary full-time occupants of the positions listed in Attachment A. This Agreement shall constitute the entire agreement between the parties for the period of December 25, 2005 through December 20, 2008, setting forth wages, hours, and other terms and conditions of employment with the City retaining all other rights to operate the City government effectively in a responsible and efficient manner. Each employee covered by this Agreement will receive a copy of the final executed Agreement. All references to individuals in this Agreement are intended to designate both genders,and wherever the male or female gender is used,such gender reference shall be construed to include both male and female genders. ARTICLE I RECOGNITION Section 1. Bargaining Unit. The City recognizes the Union SEN Local 73, as the sole bargaining representative for the purposes of establishing wages, hours and conditions of employment for all full-time employees of the Clerical Technical Employee Group who are in the classifications listed in Attachment A. All other employees of the City are excluded,including,but not limited to part-time; seasonal; short-term; confidential; managerial; and supervisory employees. Absent a significant change in work duties or responsibilities,those persons originally included within the bargaining unit under the Illinois State Labor Relations Board(ISLRB)certification shall continue as bargaining unit members and those persons excluded under the ISLRB's certification shall remain excluded. The employer shall not reduce the work hours of bargaining unit employees for the purpose of removing such employees from the bargaining unit. Section 2. Classifications. The classifications found in Attachment A are for descriptive purposes only. The City will not arbitrarily change or eliminate classifications nor will it use this provision to reduce the compensation levels of existing employees whose duties have not changed. Furthermore, the City will not create a new department and transfer work performed by bargaining unit personnel to that department with the intent of avoiding the terms of this Agreement. The City shall meet and negotiate with the Union any aspect of this section that is required to be negotiated by law. ARTICLE II MANAGEMENT RESPONSIBILITIES The City shall retain the sole right and authority to operate and direct the affairs of the City and its 1 various operating departments in all its various aspects, including,but not limited to, all rights and authority exercised by the City prior to the execution of this Agreement, except as modified in this Agreement. Among the rights retained is the City's right to determine its mission, policies, and set forth all standards of service offered to the public; to plan, direct, control and determine the operations or services to be conducted by operating departments and by employees of the City; to determine the methods, means and number of personnel needed to carry out each department's mission; to direct the working forces, to schedule and assign work, and to assign overtime; to hire, assign and transfer employees;to promote,demote,discipline or suspend;to discharge for just cause; to lay off or relieve employees due to lack of work or other legitimate reasons;to establish work and productivity standards;to make,publish and enforce rules and regulations;to contract out for goods and services;to introduce new or improved methods,equipment or facilities;and to take any and all actions as may be necessary to carry out the mission of the City in situations of civil emergency, provided, however, that the exercise of any of the above rights shall not conflict with any of the specific provisions of this Agreement, nor shall such rights be exercised in an arbitrary and capricious manner. Any matters within the jurisdiction of the Elgin Civil Service Commission as to hiring, promotions or voluntary demotions as prescribed by the Illinois Compiled Statutes and the Rules and Regulations of the Elgin Civil Service Commission shall not be affected by the terms of this Article. Sub-Contracting. It is the general policy of the City to utilize its employees to perform work they are qualified to perform. However, the City reserves the right, in determining its mission and setting forth all standards of service offered to the public, to supplement its existing workforce by contracting out any work it deems necessary in the interest of efficiency, economy, improved work product, or emergency, including,but not limited to, natural and manmade disasters.No employee shall be laid off as a result of any decision by the City to subcontract any work performed by employees covered by this Agreement. ARTICLE III NON-INTERRUPTION OF WORK During the term of this Agreement,the Group,its officers and agents,and the employees covered by this Agreement agree not to instigate,promote,sponsor,engage in,or condone any strike,sympathy strike, concerted stoppage of work, or any other intentional interruption of operations. Upon the request of the Union, City shall provide police protection for Union members who are required to cross picket lines within Elgin city limits. Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the City. The City will not lock out any employees during the term of this Agreement as a result of a labor dispute with the Group. Upon the expiration of this Agreement, the remedies for the resolution of any bargaining impasse shall be in accordance with the Alternative Impasse Resolution Procedure attached as Attachment B and incorporated herein by reference. 2 ARTICLE IV UNION RIGHTS Section 1. Representation Rights. For purpose of collective bargaining, the bargaining unit employees shall be represented as follows: Bargaining Committee: By a Union bargaining committee chosen and designated by the vote of the Union bargaining unit members. Steward Structure: By Union stewards and/or Unit Officers chosen and designated by the vote of the Union bargaining unit members, to represent employees among all departments and shifts. Union Representatives: By Local Union Representatives who may at any time participate and assist the Bargaining Committee and/or Unit Officers and Stewards in the performance of their Union related duties. Section 2. Bulletin Board.The Union shall be given space for a bulletin board in each building in a place where employees normally gather(time clock,break room,etc.)for the purpose of displaying Union information of a non-political and non-inflammatory nature. Said information will consist of meeting notices, negotiation updates, steward's names, election notices and results and the like. Bulletin boards shall be located in the Hemmens Cultural Center, the City Hall break room, the Community Development Department, and on each floor of the Police Department. The locations for the bulletin boards shall be mutually agreed to by the parties. Section 3. E-Mail. The Union shall be permitted to send e-mails,using the City's e-mail system,to its members for the purpose of disseminating Union information of a non-political and non- inflammatory nature. Said information will consist of meeting notices, negotiation updates, steward's names,election notices and results and the like. Any e-mail transmissions made under this section shall be in accordance with the City's Internet Usage Policy. Section 4. Visitation by Union Representative. A representative of the Union, and an off-duty bargaining unit officer or steward previously accredited to the City in writing,shall have reasonable access to the premises of the City during working hours with advance notice to the City Manager or his designated representatives under the conditions described below. Such visitation shall be for the purpose of helping to resolve a problem or dispute and such visitation shall not interfere with the activities of employees who are working. For any meeting or visitation called for or requested by management requiring the presence of any on duty Union officer during working hours, it shall be the responsibility of management and the employee to inform any other necessary managers of that employee's need to be at such meeting. 3 Any meeting, visitation or conducting of union business requested of or by any Union officer or Union employees under this section shall require notification to appropriate management personnel, excepting that there shall be no restrictions on such meetings and no notice requirement if such activity is within an employee's established break or lunch period. The Union shall provide the City with a list of all officers, stewards and employee representatives for the purposes of this section. ARTICLE V ANTI-DISCRIMINATION Section 1. No Discrimination. The City and the Union shall not discriminate against employees covered by this Agreement on account of race, religion, creed, color, national origin, sex, sexual orientation, age, mental or physical disability, or union activity. Any dispute concerning the application and interpretation of this paragraph shall be processed through the appropriate federal and state agency or court. Section 2. Rights Under the Agreement. No employee covered under this Agreement shall be intimidated, coerced, restrained, penalized, or discriminated against in any manner because such employee has exercised her rights and privileges provided for in the terms of this Agreement which include,but are not limited to, the processing of grievances. ARTICLE VI UNION SECURITY Section 1. Checkoff. Upon receipt of a voluntarily signed written dues authorization card from an employee covered by this Agreement,the City shall, during the term of this Agreement,deduct the uniform bi-weekly union dues and uniform initiation fees of such employees from their pay and remit such deductions to the Secretary-Treasurer of the Union. Additionally,the City shall include a voluntary "checkoff' for the Union's Committee on Political Education("COPE"). Section 2. Fair Share. During the term of this Agreement, all non-probationary bargaining unit employees who are not members of the Union shall pay as a condition of employment a fair share fee to the Union for collective bargaining and contract administration services rendered by the Union as the exclusive representative of the employees covered by this Agreement,provided that the fair share fee shall not exceed the dues attributable to being a member of the Union. Such fair share fees shall be deducted by the City from the earnings of non-members and remitted to the Union in the same manner and intervals as Union dues are deducted. The Union shall periodically submit to the City a list of employees covered by this Agreement who are not members of the Union and an affidavit which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election of or support of any candidate for political office or for any member-only benefit. 4 The Union agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in Chicago Teachers Union v. Hudson, 106 U.S. 1066 (1986),with respect to the constitutional rights of fair share fee payors. It is specifically agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Union with respect to fair share fee payors as set forth above shall not be subject to the grievance and arbitration procedure set forth in this Agreement. Non-members who object to this fair share fee based upon bona fide religious tenets or teachings shall pay an amount equal to such fair share fee to a non-religious charitable organization mutually agreed upon by the employee and the Union. If the affected non-member and the Union are unable to reach agreement on the organization, the organization shall be selected by the affected non- member from an approved list of charitable organizations established by the Illinois State Labor Relations Board and the payment shall be made to said organization. Section 3. Fair Representation. The Union recognizes its responsibility as bargaining agent, and agrees fairly to represent all employees in the bargaining unit, whether or not they are members of the Union. The Union further agrees to indemnify, defend and hold harmless the City and its officials, representatives and agents from any and all claims, demands, suits, or other forms of liability(monetary or otherwise) and for all legal costs resulting from any failure on the part of the Union to fulfill its duty of fair representation. Section 4. Indemnification. The Union shall indemnify the City and any department of the City and hold it harmless against any and all claims, demands, suits, legal costs or other forms of liability, monetary or otherwise,arising out of,or by reason of,any action taken by the City or any department of the City, at the direction of the Union for the purpose of complying with the provisions of this Article. Section 5. Civil Service Commission. The Bargaining Unit Chairperson and Recording Secretary shall be included on the mailing list of the Civil Service Commission to receive meeting notices and agenda including notice of proposed rule, regulation or policy changes to be considered at any meeting of the Commission.This requirement shall not,however,restrict the Commission's right to amend its Rules and Regulations. The terms of this Section 5 shall not be deemed to limit the authority or jurisdiction of the Elgin Civil Service Commission. Section 6. New Hires. The City agrees to complete and provide the Union with a copy of the Union's "New Employee Information Form" (Attachment D) on every new Union hire. ARTICLE VII SENIORITY Section 1. Definition and Accumulation. Unless otherwise provided in this Agreement, seniority 5 shall, for the purpose of this Agreement, be defined as a non-probationary employee's length of continuous full-time service in a position covered by this Agreement since the employee's last date of hire,less adjustments for layoff, approved leave of absence without pay,and all other unauthorized breaks in service. Section 2. Termination of Seniority. Seniority and the employment relationship shall be terminated when an employee: a) quits; or b) is discharged for just cause; or c) applies for and is granted permanent disability pension or leave, or is on a non job related temporary disability leave, including but not limited to, any city leave or leave pursuant to IMRF, or other type of leave-based absence for a period in excess of one (1) year. Calculation of such leave shall be cumulative over any one year period relative to the same disability; or d) retires; or e) does not report for work within forty-eight(48)hours after the termination of an authorized leave of absence unless the employee is able to demonstrate that the failure to notify the City was due to extraordinary circumstances beyond the employee's control; or f) is absent for three (3) consecutive working days without notifying the City unless the employee is able to demonstrate that the failure to notify the City was due to extraordinary circumstances beyond the employees' control; or g) is laid off and fails to notify the City of his intent to return to work within three(3)working days after receiving notification of recall or fails to report to work within fourteen (14) calendar days after receiving notification of recall; or h) is laid off for a period exceeding two (2) full years. Section 3. Probationary Period. All newly hired employees,and those employees rehired after loss of seniority as defined by Article VII, Section 2, shall be considered probationary employees until they successfully complete a probationary period of six (6) months (twelve (12) months for telecommunicators), as may be adjusted for any authorized leaves of absence or other breaks in service. Consideration of successful completion of the probationary period will be reviewed by the Civil Service Commission at its regularly scheduled monthly meeting following completion of six (6) full months of service (twelve (12) months for telecommunicators). If the Civil Service Commission does not hold such regularly scheduled meeting,or a special meeting,within thirty(30) days of the end of the employee's probationary period,said employee shall be automatically certified as a member of the bargaining unit. The probation period of a telecommunicator may be extended up to an additional six(6)months,at management's discretion, following a meeting with the employee and with notice to the Union. Such extension shall be approved by the Civil Service Commission prior to the completion of the initial twelve full months of service. Consideration of successful completion of the extended probationary period will be reviewed by the Civil Service Commission at its regularly scheduled 6 monthly meeting following completion of such extension period. If the Civil Service Commission does not hold such regularly scheduled meeting, or a special meeting,within thirty(30)days of the completion of the extension period,the employee shall be automatically certified as a member of the bargaining unit. Those telecommunicators who are probationary as of the date of ratification of this Agreement shall not be affected by this clause. If a Group employee demotes from a position other than Telecommunicator II or promotes to the position of Telecommunicator I, such employee's probationary period shall run as follows: Within the first ninety(90)days of said demotion or promotion,or within ten(10)days of the performance evaluation provided for in this section,whichever is later,the employee shall be entitled to return to his former position or equivalent position. The employee shall be given an evaluation by his supervisor on the eightieth (80th) day on the new job. After ten (10) days from the date of the aforementioned performance evaluation, such employee shall be considered to be on a normal probationary status as provided for herein. If, within ten (10) days of the aforementioned performance review,in the City's sole discretion,the employee does not reasonably demonstrate the ability to satisfactorily perform the job, the employee shall be returned to her former position or equivalent position. During the remainder of the employee's probationary period, if either the employee provides a written demand,or the City chooses to terminate the employee's probationary period for unsatisfactory performance,such employee shall be returned to her former position if such position has not been offered to any other person. Group members expressly waive the Civil Service promotion and demotion process. During the probationary period,a probationary employee may be disciplined,discharged,laid off or otherwise dismissed at the sole discretion of the City,and neither the reason for,or action taken,may be the subject of the grievance procedure. There shall be no seniority among newly hired probationary employees. Upon the successful completion of the probationary period,the employee shall receive seniority credit and his seniority shall be retroactive to the last continuous date of employment, less any adjustments. The employee successfully completing the probationary period shall be fully covered by the provisions of this Agreement, except as otherwise stated in this Agreement for those employees appointed under the procedures of the Elgin Civil Service Commission. Section 4. Job Vacancies. As soon as practical upon determination of the City Manager to fill a vacant position, the City agrees to post on bulletin boards a notice of any opening in any position covered by this Agreement with a detailed explanation of the requirements, wage range and the duties of the position and to provide a copy of such notice to the Unit Chairperson and each current employee eligible to apply for such vacant position. A copy of the job description for the position will be made available to an applicant upon request. The City further agrees to take into consideration any applicant's prior City service; although the City reserves the right to choose the best available applicant for the job. Promotions to positions outside the bargaining unit shall not be subject to the grievance procedure. Eligible employees shall be allowed a minimum of ten (10) calendar days or as is mutually agreeable from date of posting to remit any completed application to Human Resources. 7 Section 5. Career Ladder. 1. DEMOTIONS: Both parties agree that demotions shall be in accordance with Article X, Section 2 of the City of Elgin Civil Service Commission Rules and Regulations. 2. PROMOTIONAL POSITIONS: All openings in job classifications in wage ranges above the wage range of a bargaining unit employee shall be considered as promotional positions. 3. ENTRY LEVEL POSITIONS: All positions in job classifications in wages equal to the wage range of the lowest paid bargaining unit employee shall be considered as entry level positions. 4. APPLICATION OPPORTUNITY: Any interested bargaining unit employee (regardless of Department or Division)at or below the wages range of the job classification in which there is a promotional opening will be given the opportunity to apply and sit for the prescribed test for the open position, if he/she meets the required qualifications for the position. The provisions of this section shall not be deemed to limit or infringe on the authority or jurisdiction of the Elgin Civil Service Commission. Section 6. Preference Based on Departmental Seniority. Departmental Seniority shall be the determining factor if there is a conflict between two or more bargaining unit employees when bidding on vacation time, shift preference or off days except where stated otherwise in this Agreement. Section 7. Carry-over of Seniority. As long as it is the City's practice, bargaining unit employees shall be allowed to carry their "City seniority" from one division or department to another for the purpose of benefit time accrual,if there is no break in service and employment is continuous with the City. ARTICLE VIII LAYOFF AND RECALL Section 1. Layoffs. If the City, in its sole discretion, determines that layoffs are necessary, employees will be laid off in the following order: a) temporary or part-time employees in the affected classification within the affected department or division; 8 b) newly hired probationary employees in the affected classification within the affected department or division; and c) in the event of further reductions in force, employees will be laid off from the affected classification within the affected department or division starting with the least classification seniority. When such reduction occurs,the employee with the least classification seniority in the affected classification shall, based on city-wide seniority, displace the least senior employee in a lower or equally rated job classification in the same department or division, provided he is qualified to do the job and has the necessary city-wide seniority. If the employee cannot displace the least senior employee in a lower or equally rated job classification in the same department or division because he is unqualified for the job or does not have the necessary city-wide seniority, the employee shall then displace the least senior employee in a lower or equally rated job classification in another department or division, provided he is qualified to do the job and has the necessary city-wide seniority. d) an employee who is on layoff with recall rights shall retain his seniority and unused benefits accrued up to the effective date of the layoff and shall have the right to maintain insurance coverage by paying in advance the full applicable monthly premium for employee or dependent coverage,whichever may apply;provided,however,that the employee shall not be eligible to accrue seniority,sick leave and vacation leave during the layoff. An employee electing to participate in insurance coverage while on layoff shall be allowed up to twenty- four(24) months of said participation and shall be reimbursed for any overpayment. If any non-probationary employee is laid off as a result of the foregoing layoff provisions, said employee may,at his option,displace any non-bargaining unit temporary or part-time employee who has less city-wide seniority, provided he is qualified to do to the job of the displaced employee. In such event, the displacing employee shall not be in the bargaining unit; provided, however, such displacing employee shall retain the right to be recalled to a bargaining unit position in accordance with the provisions of this Agreement. Section 2. Recall List. Laid off employees shall have their names placed on a recall list. The names of such laid off employees shall remain on the list for a period of two (2) full years. Section 3. Order of Recall. Employees on the recall list shall be recalled in order of seniority within their job classification within the affected department or division,provided they are still qualified to perform the work in the job classification. The City shall not impose new job tests when there has been no change in job duties. In the event of a recall, eligible employees shall be sent a notice of such recall by registered mail, return receipt requested, with a copy to the Union. The recalled employee shall notify the City of his intent to return to work within three (3) working days after receiving such notification of recall and shall report to work within fourteen (14) calendar days of receiving such notification of the recall. The City shall be deemed to have fulfilled its obligations by mailing the recall notice by registered mail. 9 ARTICLE IX WAGES Section 1. Wages. Effective the beginning of the next payroll period immediately following the ratification of this Agreement by both parties, employees covered by this Agreement shall receive a four percent (4.00%)hourly wage increase, retroactive to December 25, 2005. Effective December 24, 2006, employees covered by this Agreement shall receive a 3.83%hourly wage increase. Effective December 23, 2007, employees covered by this Agreement shall receive a 3.42%hourly wage increase. The foregoing wage increases are in addition to all in-range step increases to which employees may be eligible for on their anniversary dates during the term of this Agreement. Section 2. Retroactivity. Employees covered by this Agreement who are still on the active payroll as of the beginning of the payroll period immediately following the ratification of this Agreement by both parties shall receive a retroactive payment back to December 25,2005. Said payment shall be computed on the difference between the new rates effective the beginning of said payroll period and the rates in effect prior to ratification of the Agreement for all hours worked for which the employee was compensated between December 25,2005 and said payroll period. Included in all hours worked shall be all paid leave and holiday additional pay. Section 3. Training Bonus. Any Police Department or Community Development bargaining unit employee who is assigned,in advance and in writing,by the applicable department head,to formally train another employee shall receive a four percent (4%) increase to his/her base rate of pay for all hours spent performing such training. No such four percent (4%) increase shall apply unless the aforementioned written assignment designates the assignment as being applicable for the aforementioned increase. All such assignments shall be in the applicable department head's sole discretion;provided,however,that such discretion shall not be exercised in an arbitrary, capricious or discriminatory manner. Such training shall not include or be based on: simple observation and the like by the new employee; new employee orientation activities; or cross-training(a mutual exchange of skills and knowledge between employees) within a job classification. This provision does not apply to bargaining unit employees whose job responsibilities include training. Section 4. Job Reclassification or New Job Creation. Should the City reclassify a bargaining unit position to another classification within the bargaining unit or create a new bargaining unit position due to work not encompassed in the existing job classification,the new position shall be included in 10 the unit and a new wage rate shall be established.It is further agreed that reclassification shall not be made with the intention of eroding the bargaining unit membership. Section 5. SEIU National Industry Pension Fund. The City shall contribute funds to the SEIU National Industry Pension Fund as follows: As of December 25,2005,the City shall contribute to the SEIU National Industry Pension Fund("the Fund")400 per paid hour for all employees covered by this Agreement from the employee's initial date of employment or the effective date of this Agreement, whichever is later. The aforementioned contributions shall be paid to the Fund on or before the 15th day of the month following the period for which contributions are due or before such other date as may be agreed between the City and the Union. Such contributions shall be transmitted together with a remittance report containing such information, and on such form as may be required by the Fund or their designee. Section 6. Temporary Upgrading. To insure the orderly performance and continuity of municipal services,the City may,at its discretion,temporarily assign an employee on an acting basis to a higher position than his/her permanent classification. Such temporary assignment may be made to a position in order to maintain the workflow during the normal appointment process,or to replace an employee temporarily absent for whatever reason, including,but not limited to,vacation, extended sick leave, worker's compensation leave, or any other leave. An employee temporarily upgraded shall receive the greater of one step pay increase over their current rate of pay,or an increase equal to the minimum step of the position being temporarily filled starting from the first hour of the first day worked in such an assignment. ARTICLE X HOURS OF WORK AND OVERTIME Section 1. Application of This Article. This article is intended to define the normal hours of work and provide the basis for the calculation and payment of overtime and shall not be construed as guarantee of hours of work per day or per week, or guarantee of days of work per week. Section 2. Normal Work Week. The normal work period shall not exceed fourteen(14) calendar days. The normal work week shall consist of five (5) days of eight (8) hours each day unless an alternative schedule currently exists within a department or is mutually agreed to by the City, the employee and/or the Union, or as may otherwise be provided for herein. Section 3. Work Schedule Change. Should it be necessary for the City to establish a daily or weekly work schedule departing from the normal workday or normal work week, the City shall, where possible, give at least three weeks notice, except in emergency situations, to the employee or employees to be affected. Such schedule change shall be offered to qualified employees, by seniority. If it is necessary to assign the changed schedule, it shall be done by reverse order of seniority among qualified bargaining unit employees. Section 4. Overtime Pay. Employees covered by this Agreement shall be paid one and one-half 11 times their regular straight-time hourly rate of pay for all hours worked in excess of the scheduled eight (8) hours in a day or forty (40) hours in a week actually worked. For shift employees this would also be in excess of the scheduled eight (8) hours in a day or forty(40)hours in the normal work period actually worked. The provisions of this section notwithstanding, maintenance employees scheduled to work ten(10)hour days in a four(4)day week work schedule shall only be paid one and a half(1-1/2)times their regular straight time hourly rate of pay for all hours worked in excess of the scheduled ten(10)hours in a day or forty(40)hours in a week actually worked.For the purpose of application of this section, hours worked shall include all paid leave hours except sick time. In addition: 1. On the officially designated day on which Central Daylight Savings Time becomes effective (clocks turned ahead one (1) hour), employees on duty and actually working during the time change shall be paid for actual hours worked. 2. On the officially designated day on which Central Daylight Savings Time reverts to Central Standard Time (clocks turned back one (1) hour), employees on duty and actually working during the time change shall be paid for actual hours worked. Any hours actually worked beyond the employee's regular shift shall be paid at the employee's applicable overtime rate of pay. 3. Employees shall not be compensated for time spent for receiving depaitinent awards or city recognition if such receipt occurs during off-duty time. 4. Off Duty Calls: Any bargaining unit employee who is authorized or directed by a supervisor to make a job related telephone call while off duty, shall receive one-half (1/2)hour pay at time and one-half(1/2). Section 5. Scheduled and Anticipated Overtime. When the need for overtime arises within a classification and can be scheduled in advance, it shall be offered to bargaining unit employees, in the affected classification, by rotational seniority and/or exclusive area of job assignment in accordance with established department practice, unless, in the case of the Building Maintenance Department,the skill level required to perform the task at hand dictates that an employee more suited for the situation be called. This provision shall not apply to holdovers for completion of assignment(s). For purpose of this Article, "scheduled"overtime will mean overtime that shall be scheduled at least 24 hours in advance. "Anticipated" overtime will mean overtime that may be scheduled within the same work day with advance notice of one(1) hour or more. It is further agreed that bargaining unit employees shall continue to work within the current applicable overtime policy and/or any amended policy that is mutually agreed to between the City and the Union. Section 6. Telecommunications. Overtime is mandatory for telecommunication operators. Overtime shall be offered in order of departmental seniority on a rotational basis, unless the skill 12 level/specific training required for the shift in question dictates that an employee more suited for the unscheduled overtime be called. The maximum holdover for telecommunication operators shall be four hours(twelve hour maximum shift)unless otherwise agreed by the employee. Notwithstanding the above, there shall be a minimum eight hour rest period between shifts. For purposes of this Article, "rotational" shall mean that a right of first refusal shall exist in order of seniority, with the least senior person receiving the assignment if no more senior person accepts in the first instance. Thereafter,overtime assignments shall be mandatory in ascending order of reverse seniority for each successive instance. Section 7. Standby. An off-duty employee placed on standby, court standby, or on-call status by his/her supervisor will be paid$40.00 per day. An employee on standby,called out to work or court, will receive compensation for the actual time worked at one and one-half(1/2)times his/her straight time hourly rate of pay in addition to the scheduled standby compensation. Section 8. Callouts. An employee called back to work after having completed his/her assigned work or called out on their day off shall receive a minimum of two (2) hours compensation, or his/her actual time, whichever is greater, at one and one-half (1/2) times his/her straight time rate of pay. Section 9. Standby/Callout Policy - Building Maintenance Technicians. For the purpose of responding to emergency calls during off-schedule periods, all employees designated by the City in the City's sole discretion will be on a rotating schedule for designated callout. Each scheduled period will be one(1)week in length starting on Monday morning at 7:00 A.M.and ending on the following Monday morning at 7:00 A.M.The employee working this schedule will be the first person contacted to respond to an emergency situation unless the skill level required to perform the task at hand dictates that an employee more suited for the situation be called. Any employee who feels that he will be unable to respond to callout any time during his designated scheduled week shall notify his supervisor with sufficient advance notice to reasonably permit for alternative arrangements. Any designated maintenance employee or maintenance employee called out in place of the designated employee under this provision shall receive compensation for the actual time worked at one and one- half(1-1/2)times his regular hourly rate of pay in addition to the callout pay. Should the callout be on a holiday or Sunday,the employee shall be paid a minimum of three(3)hours compensation, or her actual time, whichever is greater, at one and one-half(1 '/2) times her straight-time rate of pay. Section 10. Compensatory Time. In lieu of overtime pay, employees covered by this Agreement may accrue up to twenty-four (24) hours of compensatory time. The option of accruing compensatory time or being paid overtime pay shall be within the sole discretion of the employee's Department Head or his designee. For each hour of overtime for which the employee would have been paid time and one-half, the employee shall be granted one and one-half (1-1/2) hours of compensatory time. Compensatory time may not be carried over into a new fiscal year. Any employee who has accrued compensatory time at the end of the fiscal year as a result of being unable to use said compensatory time through no fault of the employee, shall be paid at the applicable hourly rate on the last payroll period in the fiscal year. 13 Bargaining unit employees' requests to schedule compensatory time off will not be granted if any shift coverage (e.g. the monthly Communications Division schedule) must be covered by the hireback or holdover of another employee. The use of compensatory time shall be within the sole discretion of the Department Head or his designee, and shall not be granted if, in the opinion of the Department Head or his designee, it would create operational problems. Section 11. Travel Time - Training. An employee attending training session, seminar and conferences that do not include overnight lodging at or in the vicinity of the function shall be compensated at one and one-half times his/her straight time hourly rate of pay for reasonable time spent traveling to and from the function if the travel time causes the duty day to extend beyond an eight (8) hour workday. An employee attending training sessions, etc., that include overnight lodging at or in the vicinity of the function shall be compensated at his/her straight time hourly rate of pay for reasonable time spent traveling to and from the function when such travel time occurs on an employee's scheduled day off.All compensation shall be in accordance with the provisions of the Fair Labor Standards Act. Section 12. Travel Time- Court. An employee attending court at a location beyond the corporate limits of Elgin on official city business and pursuant to a subpoena or other official notification of the court shall be compensated at one and one-half times his/her straight time hourly rate of pay for reasonable travel time to and from the court location if the travel time is conducted during non- working, off-duty time. Section 13. Light Duty and Overtime. If an employee on light duty requests an overtime assignment, according to the terms of the City's, or his/her work group, department or division's policy or pursuant to any applicable bargaining unit agreement on overtime assignments, such request shall be submitted in writing to the department head who shall approve or deny such overtime request in his/her sole, reasonable discretion. The department head shall base such consideration upon the following factors: 1. The employee's stipulated medical or physical limitations. 2. The physical requirements and environment of the overtime assignment. 3. Whether the overtime assignment requires performance by a crew or a single person. 4. If the overtime assignment requires performance by a crew, whether the overtime assignment can reasonably be divided among the crew members so as to accommodate the employee's limitations without causing: (a) an unreasonably inequitable distribution of labor to other employees; (b) an unreasonable risk to any other person, or (c) an unreasonable risk to the affected employee. 14 Provided,however,that in the event the contemplated overtime assignment consists of job functions currently being performed by the employee on light duty, such employee shall be deemed to be eligible for the overtime assignment based on the above factors. Section 14. No Pyramiding. Compensation shall not be paid more than once for the same hours under any provision of this Article or Agreement. ARTICLE XI HOLIDAYS AND PERSONAL DAYS Section 1. Recognized Holidays. Employees covered by this Agreement are eligible for the following holidays: 1. New Years Day 2. Martin Luther King Jr. Birthday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Thanksgiving Day 7. The Day Following Thanksgiving Day 8. Christmas Eve 9. Christmas Day 10. New Year's Eve Section 2. Holiday Observance. The standard observance of recognized holidays will be on the day they occur. For employees whose regularly scheduled work week does not include Saturday and/or Sunday, when a holiday falls on a Saturday, the preceding Friday shall be observed, and when a holiday falls on a Sunday, the following Monday shall be observed. If Christmas Eve and New Year's Eve fall on a Sunday, the following Monday plus one floating holiday shall be granted for each of New Year's Day and Christmas. If Christmas Eve and New Year's Eve fall on a Friday,that Friday plus one floating holiday shall be granted for each of Christmas and New Years. Such floating holiday shall be taken between October 1 and January 1. Section 3. Holiday Remuneration. Employees shall receive eight(8)hours pay at his/her straight time hourly rate of pay for the hours normally scheduled to work on the holiday. In addition: 1. Employees who are assigned to a twenty-four(24)hour shift operation consisting of an eight (8) hour workday shall receive holiday compensation if worked or not. 2. Shift employees who are scheduled and actually work on New Years Day, Independence Day, or Christmas Day shall receive an additional four(4) hours of holiday pay at his/her straight time hourly rate of pay. 15 3. All non-shift employees required to work on an observed holiday because of a call- out will be paid at the applicable overtime provisions in addition to his/her holiday pay. Section 4. Holiday Pay Eligibility. In order to be eligible for holiday pay,the employee must work his/her last full scheduled working day immediately preceding and his/her first scheduled working day immediately following the day observed as a holiday,unless one of these days is the employee's scheduled day off or unless the employee is excused by his/her supervisor because said employee is off work as a result of authorized paid leave. Section 5. Personal Days. Personal days may be taken on any work day during the payroll year and shall not be carried over to the succeeding payroll year. Employees shall be eligible for four (4) personal days in any one payroll year for all employees on the payroll as of January 1st. Employees hired after January 1st but before June 30th of the same payroll year shall be eligible for two (2) personal days. A. Non-shift Employees. Non-shift employees requesting a personal day shall give at least twenty-four(24)hours notice,except in an emergency,in which case the employee shall give as much notice as is reasonably possible. B. Shift Employees. For purposes of interpretation of this section, shift employees assigned to an operation with a twenty-four (24) hours schedule consisting of an eight (8) hour workday shall receive personal days as set forth above. Any time off for a personal day shall be scheduled with the approval of the employee's immediate supervisor or his designee and any such approval shall not be unreasonably withheld provided that if one employee on the same shift has already requested that day as a personal day, any additional requests may be denied without being deemed unreasonable. Section 6. Personal Day Conversion. An employee eligible for personal days but not desiring to use them may, upon written request to his/her department head, convert those personal days into cash payment. Such payment shall be equal to his/her straight-time hourly rate of pay times either eight (8), sixteen (16), twenty-four (24), or thirty-two (32) hours, and will be included with a paycheck issued within thirty (30) days of the written request. Such request shall be submitted prior to December 1. However, employees will also be eligible for said cash payment if a personal day scheduled as time off is canceled by the department head because of emergency reasons and cannot be rescheduled by the end of the same payroll year. Section 7. Overtime Computation. A holiday observed during an eligible employee's normal work week shall be counted as a day worked in computing eligibility for overtime. 16 ARTICLE XII VACATIONS Effective upon ratification of this Agreement by both parties,employees covered by this Agreement who have been employed by the City for a period of at least one year, shall be entitled to a vacation as follows: Years of Continuous Service Length of Vacation First(1st) year to sixth (6th) Two weeks - 80 hours Anniversary Seventh (7th) year to thirteenth Three weeks - 120 hours (13th) Anniversary Fourteenth(14th) year to Twenty- Four weeks - 160 hours first (21st) Anniversary Twenty-second (22nd) year and Five weeks - 200 hours over The employee's anniversary date of continuous employment from the last date of hire as a full-time employee shall be the basis of calculation for length of service. Section 1. Accrual. Vacation hours are accrued each bi-weekly pay period if the employee is paid for a minimum of sixty (60) hours inclusive of holiday, vacation, sick leave, workmen's compensation or authorized leave "with pay". An employee shall not earn vacation hours while he/she is absent "without leave"; on "leave without pay"; or extending out accrued vacation hours upon retirement. Section 2. Vacation Pay. For each week of vacation, an eligible employee shall be entitled to a vacation allowance of forty(40)hours pay at the employee's regular straight-time hourly rate of pay. Section 3. Increasing Vacation. The annual vacation leave for which an employee is eligible in any one year may be increased by the conversion of accumulated sick leave. The employee with more than 60 accrued sick days,which equals 480 hours,may convert three(3)days of sick leave for one (1) additional vacation day. Such conversion shall be for a maximum of five(5) additional days of vacation in any one year, and may not decrease the remaining accrual of sick leave below the base accumulation of 60 days. Scheduling of any such increased vacation leave shall be done only after the determination of the vacation schedules for all other employees in the division or department. Section 4. Scheduling. Vacation shall be scheduled in so far as practical at times most desired by each employee with the determination of preference being made on the basis of an employee's departmental seniority in initial vacation selections or according to existing departmental policy. It is 17 expressly understood that the final right to designate the vacation period and the maximum number of employees who may be on vacation at any one time is exclusively reserved by the Department Head, or his designee, in order to insure orderly performance of the services provided by the City. However, requests for vacation shall not be unreasonably denied. Section 5. Scheduling- Shift Employees. When a shift employee takes a week of vacation, every effort shall be taken to give the employee the weekend before and after the scheduled vacation off if desired by the employee, with such requests not being unreasonably denied. In case of multiple weeks vacation, the employee shall be given off the weekend between the two weeks. ARTICLE XIII SICK LEAVE Employees covered by this Agreement shall earn sick leave by accumulating the equivalent of one (1)sick day for each full month of continuous service. Employees may accumulate sick leave up to a total maximum accrual of 240 sick days, which is the equivalent of 1920 hours of sick leave. Sick leave is an insurance-type benefit that should be used by the employee only when needed and an employee may charge time to sick leave for the following reasons: • Personal illness or injury • Illness or death of a member of the immediate family necessitating the absence of the employee from work. (For these purposes, members of the immediate family shall include spouse, children, step-children, mother, father, step-parents, sister,brother, grandparents,mother-in-law,father-in-law,or grandchild,where the grandchild lives, as his/her primary residence, with the employee-grandparent) • In the case of the funeral of a relative, such leave shall be limited to necessary travel and attendance time at the funeral. Section 1. Accrual. Sick hours are accrued each payroll period if the employee is paid a minimum of sixty (60) hours work inclusive of holidays; personal days; vacation; sick leave; workmen's compensation;or authorized leave"with pay". An employee does not earn sick hours while he/she is on "leave without pay"; absent "without leave"; or extending out accrued vacation hours upon retirement. Section 2. Employee Release. Any employee who is sick or disabled for three(3)non-sequential, non-continuous occurrences or five (5) total days in any thirty(30) day period may be required to secure and submit a written statement from a licensed practicing physician,certifying their capacity to return to work and resume the full duties of their position; and also certifying the existence of a reasonable medical reason for the absence. Any employee who is sick or disabled for ten (10) or more consecutive workdays shall be required to secure and submit such a written statement. An 18 employee certified by a written physician's statement as capable for light duty work may be required to return to work for such light duty work. Any written release or certification must be submitted to the employee's supervisor before the employee will be permitted to return to work. Section 3. Conversion. In recognition of non-use of sick leave,employees may convert accumulated sick leave for additional vacation leave or for severance pay. Such conversion shall be at the rate of three(3) days of sick leave for one (1) vacation day or one (1) day of severance pay. (a) Vacation leave conversion requires an accumulation of sick leave of over 60 accrued sick days which is the equivalent of 480 hours of sick leave. Such conversion is limited to a maximum of five (5) days of vacation leave in any one year. (b) Conversion of Sick Leave or severance pay is predicated on leaving the City's employment in good standing and requires an accumulation of sick leave of over 90 accrued sick days which is the equivalent of 720 hours of sick leave. Such conversion is limited to a maximum of twenty(20) days or 160 hours of severance pay upon separation. (c) In the process of converting sick leave to additional vacation or severance pay, the remaining balance of unused sick leave may not total less than the required base accumulations of 60 or 90 sick days. Section 4. Attendance Incentive Recognition. Employees who are still on the active payroll at the end of a payroll year are eligible for an incentive payment of said year's unused sick leave earnings. Such eligibility is for employees having an annual sick leave balance from that payroll year's earnings of six (6) sick days (48 hours) or more. Following the end of the payroll year, a payment will be made for each full eligible day of unused sick leave accrued at year's end according to the following schedule. Years of Continuous Service Sick Day Payment First(1st) anniversary to $20 for each full day sixth (6th) anniversary Seventh (7th) anniversary to $30 for each full thirteenth (13th) anniversary day Fourteenth(14th) anniversary to $40 for each full nineteenth (19th) anniversary day Twentieth (20th) anniversary $50 for each full and over day 19 Section 5. Utilization of Sick Leave. Pursuant to the reasons listed herein, sick leave for the death of a member of the immediate family or for the funeral of a close friend or relative shall not be chargeable to the Attendance Incentive Recognition program up to a maximum of forty(40)hours. ARTICLE XIV MEDICAL AND HEALTH PLANS Section 1. Medical and Health Coverage. Full-time employees who have been employed for at least thirty(30)days will be eligible to elect one of the following health and medical coverage options for themselves and their dependents. The City reserves the right to change insurance carriers,self-insure or implement cost containment features so long as the overall coverage available to employees employed upon the effective date of this Agreement is substantially the same. Any difference between an employee(or his beneficiary)and the health plan provider(s)or the processor of claims shall not be subject to the grievance procedure as set forth in this Agreement. Section 2. Medical Insurance. The City will offer a group medical insurance plan for the employees and their dependent(s). Employees shall contribute to the premium costs as follows: March 1, 2006 — 7.5% March 1, 2007 — 8.0% March 1, 2008 — 8.5% The City's basic comprehensive major medical insurance plan for employees covered by this Agreement shall include the following provisions: 1. $200 deductible per person, limit three(3)deductibles per family($600 per family). The parties shall meet annually upon receipt of health insurance renewal proposals to review such deductible provisions. 2. $5,000,000 Major Medical Limit. Section 3. Health Maintenance Organization. The employees may,as an option,elect to participate in any eligible Health Maintenance Organization(HMO) designated by the City. Employees shall contribute to the premium costs as follows: March 1, 2006— 7.5% March 1, 2007 — 8.0% March 1, 2008 — 8.5% 20 Section 4. Retiree Participation. Bargaining unit members who meet the eligibility requirements as outlined in the City Ordinance on the program for continuation of health insurance (currently Ordinance No. G70-02) shall be eligible for retiree insurance premium subsidy pursuant to said program, as such program and ordinance may be amended from time to time by the City. An employee who is a participant in the Illinois Municipal Retirement Fund who retires and is qualified to receive immediate pension or an employee who retired after 20 years of service with the City,may elect to continue participation in the City's group comprehensive major medical insurance program upon retirement. Said participation shall be available only on a continuous coverage basis and by the retiree paying 100%of the applicable premium,payable in advance on a monthly basis. If a retiree fails to make the applicable monthly payment by the beginning of the month,coverage will be terminated. The right of a retiree to continue coverage under the provisions of this Article shall terminate when the retiree (1) returns to active service, (2) exercises any pension refund option available or accepts any separation benefits, (3) loses his/her right to pension benefits, or(4) dies. ARTICLE XV HEALTH CLUB MEMBERSHIP The City shall provide a Health Club Membership benefit,applicable only at the Centre of Elgin,for all covered bargaining unit employees. The value of such membership shall be equal in the amount to what is currently defined as the Silver Membership level. Should the City,during the term of this Agreement,increase the cost of such Silver Membership,or its equivalent,the amount of benefit per covered bargaining unit member shall increase accordingly. ARTICLE XVI WORKER'S COMPENSATION Worker's Compensation claims and benefits shall be administered only according to the provisions of the State of Illinois Worker's Compensation Act(820 ILCS 305/1,et seq)for all employees covered by this Agreement. ARTICLE XVII DENTAL AND OPTICAL PLANS Employees covered by this Agreement who have been employed for at least thirty(30)days shall be eligible to participate in a dental and/or optical insurance plan offered and administered by the City. Participation in either or both plans shall be at the employee's option. The full amount of the 21 premium and liability for either or both plans shall be paid by the employee through payroll deduction. The monthly administrative fee for said plans shall be paid by the City. ARTICLE XVIII LIFE INSURANCE The City shall provide each employee covered by this Agreement who has been employed full-time for thirty (30) days or more with a paid $35,000 term group life insurance policy (including accidental death and dismemberment). The City retains the right to change insurance carriers or otherwise provide for coverage(e.g. self- insurance) as long as the level of benefits remains substantially the same. Employees in the bargaining unit may, at their option and at their cost, purchase additional group term life insurance up to double the base amount to the extent allowed by the carrier. ARTICLE XIX EMPLOYEE DISCIPLINE Section I. Employee Discipline. The City Manager may impose and enforce disciplinary measures against the employees covered by this Agreement. Such disciplinary measures against employees may include, but are not limited to, written reprimands, suspensions without pay or removal or discharge. No non-probationary employee covered by this Agreement shall be suspended for more than thirty(30)days or removed or discharged from employment with the City except for just cause. Employees are expected to comply with and to assist in carrying into effect the provisions of established City Council policies,City Personnel Rules and Regulations and departmental rules and policies. When disciplinary action is warranted it shall normally be of an increasing progressive nature,the order normally being 1)written reprimand,2)suspension without pay;and 3)demotion or dismissal. However,this normal progression shall not restrict the imposition of an advanced level of disciplinary action by the City whenever the situation warrants. Section 2. Verbal Counseling. Generally, to the greatest extent practicable, employees shall be provided with verbal clarification and direction as to work performance which may violate any practice, policy or rule of the department or City, or which may otherwise constitute a basis for discipline if such behavior or performance is continued or uncorrected. Such verbal clarification, counseling or correction shall not constitute nor be construed as discipline. Such verbal clarification, counseling or correction may be included as part of an employee's next written performance review or evaluation, but shall not otherwise be included in an employee's personnel file. With respect to unwritten policies,rules or procedures,the department head at his/her discretion,or at the request of the employee being counseled,shall issue a department-wide memorandum providing an explanation and clarification of the applicable unwritten policy, rule, or procedure. Such memos need not be 22 duplicative. With respect to unwritten policies,rules,or procedures,the department head shall make reasonable efforts to notify the entire department of new or changed policies, rules, or procedures and employees shall be given a reasonable opportunity to comply with these new or changed rules, policies,or procedures. However,the provisions of this section shall not restrict the imposition of an advanced level of disciplinary action whenever the situation warrants. Section 3. Meeting Prior to Suspension or Termination. No non-probationary employee covered by this Agreement shall be suspended,removed or discharged from employment with the City without first being given the opportunity to discuss in a meeting with the department head of the subject non- probationary employee the incident/situation giving rise to the proposed suspension or removal or discharge. The foregoing provision that a non-probationary employee be given the opportunity to meet with the department head prior to the imposition of a suspension, removal or discharge shall not apply if the incident/situation involves alleged criminal or unlawful activity which in the reasonable opinion of management requires immediate action to maintain order or to protect the workplace or public safety. Disciplinary measures involving suspensions of thirty(30)days or more or removal or discharge from employment with the City may be imposed and served at the City's discretion at any time following the meeting provided for in this section. Disciplinary measures involving suspensions of twenty-nine (29) days or less and for which a timely and proper Step 3 grievance to arbitration has been filed shall be imposed and served only following and in accordance with an arbitrator's decision or the withdrawal or dismissal of the grievance to arbitration. Section 4. Expungement of Records. In keeping with the parties' Agreement that discipline is to be corrective, all files maintained concerning an employee shall be expunged of any reference to such employee's disciplinary history if there has been no recurrence of the type or kind of conduct giving rise to the discipline in accordance with the following schedule: Written reprimand three (3) years Disciplinary suspension no expungement Discipline involving a violation of the City's anti-harassment/non-discrimination policy no expungement The burden of effecting such expungement shall be on the employee. ARTICLE XX UNIFORM ALLOWANCE Non-probationary employees holding certain positions which are covered by this Agreement, because of the nature of their work, are required to wear a uniform, as specified by the City, in the performance of their duties. These positions are: 23 Code Enforcement Officer Senior Code Enforcement Officer Bilingual Code Enforcement Technician Building Inspector Senior Building Inspector Communications Operator Community Service Officer Lead Jailer Court Liaison Officer City Hall Security Officer Record Clerks Animal Control Officer Quarteiniaster System. Communication Operators,Record Clerks,Community Service Officers and Court Liaison Officers shall receive required uniforms through a procedure commonly referred to as a"quartermaster system". Uniforms shall be new; however, an employee may be required to wear cleaned, used uniform apparel only while a replacement item is on order. Uniform Cleaning. The City shall be responsible for providing uniform cleaning services to all employees in the positions listed above that are required to wear uniforms. Building Maintenance. Building Maintenance group members shall comply with the requirements of the General Services Unit Attire Policy, as most recently amended. ARTICLE XXI Grievance Procedure Section 1. Definition of Grievance. A grievance for the purpose of this Agreement is defined as a difference of opinion between an employee,or the Union, and the City with respect to the meaning or application of the terms of this Agreement or the inequitable application of rules, regulations, personnel policies or procedures as may be adopted by the employer during the Willis of this Agreement and matters involving the suspension or the removal or discharge from employment with the City of non-probationary employees covered by this Agreement. Such disciplinary grievances shall be initiated at Step 1 of the grievance procedure. The contractual grievance and arbitration procedure shall be the sole recourse for appealing such disciplinary action and shall be in lieu of the provisions relating to disciplinary procedures and disciplinary hearings for civil service employees in the Civil Service in Cities Act at 65 ILCS 5/10-1-1, et seq., as amended, and in lieu of disciplinary proceedings before the City of Elgin Civil Service Commission. Section 2. Meeting Prior to Filing of Grievance. No grievance shall be filed by an employee,group of employees or the Union without first giving the department head of the aggrieved employee(s)the 24 opportunity to discuss in a meeting the incident/situation giving rise to the grievance. Neither party shall withhold any relevant information. Section 3. Grievance Procedure. Recognizing that any grievance should be raised and settled promptly,a grievance shall be filed within seven(7)calendar days of the occurrence of the first event giving rise to the grievance. A grievance shall be processed as follows: STEP 1: Applicable Group Director or Chief. The employee, group of employees, or the Union shall file the grievance in writing to the applicable Group Director, Chief,or designee,within seven(7)calendar days of the occurrence of the first event giving rise to the grievance. The Group Director, Chief or designee shall schedule a meeting within seven (7) calendar days of receipt of the grievance. Such meeting will be held with the aggrieved employee(s), the Union Chairman or designee, and the steward of the affected employee(s). The Group Director, Chief or designee will give his answer in writing within seven (7) calendar days of the meeting. If the grievance concerns the imposition of discipline,the aggrieved employee(s)may proceed directly to Step 2, after providing notice to his Group Director or Chief. STEP 2: Appeal to City Manager. If the grievance is not settled in Step 1, and the aggrieved employee(s)and the Union decide to appeal,the Union shall,within seven (7)calendar days after receipt of the Step 1 answer, file a written appeal with the City Manager. A meeting between the City Manager,or his designee,and the appropriate Union representative, shall be scheduled within ten(10) working days of receipt of such appeal. If no settlement is reached at such meeting, the City Manager, or his designee, shall give his answer in writing within ten (10) calendar days of the meeting. If the grievance concerns the imposition of discipline,and the aggrieved employee(s) has exercised his/her option of proceeding directly to Step 2, the aggrieved employee(s)and the Union shall,within ten(10)calendar days of the response given to them as a result of the informal meeting with the Department Head as referenced in Section 2 of this Article, file such written grievance with the City Manager. A meeting between the City Manager or his designee, and the appropriate Union representative, shall be scheduled within ten(10)calendar days of the receipt of such grievance. If no settlement is reached at such meeting, the City Manager or his designee shall give his answer in writing within ten (10) calendar days of the meeting. STEP 3: Arbitration. If the grievance is not settled in accordance with the foregoing procedure, the Union may refer the grievance to arbitration by giving written notice to the City Manager within ten(10)calendar days after receipt of the City's answer in Step 2. The parties shall attempt to agree upon an arbitrator promptly. In the event 25 the parties are unable to agree upon an arbitrator,the parties shall then use one of the arbitrators listed in Attachment C hereto. Such arbitrators shall be assigned/selected on a rotational basis subject to availability commencing with the first named arbitrator on such listing. Such listing of arbitrators as set forth in Attachment C hereto may be amended from time to time by the parties by mutual agreement of the parties. The arbitrator shall be notified on his/her selection by a joint letter from the City and the Union,requesting that he/she set a time and a place for a hearing,subject to the availability of the City and Union representatives. For grievances involving the suspension or the removal or discharge from employment with the City of non-probationary employees covered by this agreement, the parties agree to request that the arbitrator schedule a hearing for such disciplinary grievances within thirty (30) days of the arbitrator's notification of selection, and shall also request that each arbitrator in such disciplinary grievances render a decision within thirty(30)days of the date of any such hearing. In the event any arbitrator fails to conform to the aforementioned time restrictions it shall be without prejudice to either party. The arbitrator shall have no authority to amend, modify,nullify, ignore, add to,or subtract from the provisions of this Agreement. He/she shall consider and decide only the specific issue submitted to him/her, and his/her recommendation shall be based solely upon his/her interpretation of the meaning or application of the terms of this Agreement to the facts of the grievance presented. The decision of the arbitrator shall be binding. The costs of the arbitration proceeding, including the fee and expenses of the arbitrator, shall be divided equally by both parties. Section 4. Time Limits. No grievance shall be entertained or processed unless it is filed within the time limits set forth above. If a grievance is not appealed within the time limits for appeal set forth above, it shall be deemed settled on the basis of the last answer of the City. If the City fails to provide an answer within the time limits so provided or to schedule a required meeting within the specified time, the Union may immediately appeal the grievance to the next step. The parties may mutually agree in writing to extend any time limits provided for in this Article. Where the parties mutually agree in writing, more than one grievance may be submitted to the same arbitrator. Section 5. Investigation and Discussion of Grievances. All grievances resulting in suspension or discharge of an employee(s)shall be subject to immediate investigation by the Union and its off-duty employee delegate(s)during working hours. Discussion and investigation of grievances relating to other issues shall take place outside of working hours unless otherwise agreed to by the City. Section 6. Precedence of Agreement. If there is any conflict between the specific teons of this Agreement and any City rules,regulations or policies, the specific terms of this Agreement shall be controlling. if an employee believes that there is such a conflict,the employee may file a grievance in accordance with the provisions of this Article. Section 7. Disciplinary Investigation. Whenever an employee covered by this Agreement is the 26 subject of a disciplinary investigation requiring an interrogation, such interrogation shall be scheduled at the employee's division of employment, or, if the interrogation is perfoi tiled by the Legal or Human Resources Department,in City Hall,at a reasonable time. Prior to the interrogation the employee shall be informed of the identity of the management personnel in charge of the interrogation and shall be allowed to have his/her union representative present during the interrogation. ARTICLE XXII DRUG TESTING AND SUBSTANCE ABUSE In order to help provide a safe work environment and to protect the public by insuring that employees covered by this agreement have the physical stamina and emotional stability to perform their assigned duties, the City may require employees to submit to a urinalysis test and/or other appropriate test up to four times per year per employee at a time and place designated by the City. If the employee tests positive in the urinalysis test, the results shall be confirmed by a gas chromatography/mass spectrometry(GC/MS)test. The results of said tests shall be submitted to the City. If an employee tests positive in any such testing procedure, the employee may be advised confidentially to seek assistance through the City's Employee Assistance Program (EAP) or, if circumstances warrant, may be the recipient of appropriate disciplinary action, which may include discharge. If the same employee tests positive a second time,the test results shall be submitted to the City for appropriate action, which may include discharge. Drug testing may be required at any time when there is reasonable suspicion for such testing. Reasonable suspicion may include, but is not limited to, such things as involvement in an on-the-job injury and/or accident,excessive or unusual absenteeism and/or tardiness, poor work performance(as evidenced by such things as difficulty in concentrating on the task at hand, confusion in handling assignments, or excessive mistakes), a change in personality, wide swings in attitude and/or morale, etc. The abuse of prescribed drugs at any time,as well as being under the influence of alcohol or the consumption of alcohol while on duty shall be cause for discipline, including discharge. ARTICLE XXIII FLEET SAFETY PROGRAM Section 1. Scope. This policy covers all employees who are allowed access to a City of Elgin's vehicle and is designed to minimize equipment abuse, injuries to City of Elgin's vehicle operators and the motoring public. Section 2. Purpose. The purpose of this program is to ensure proper driver selection, training, supervision and vehicle maintenance practices for employees allowed access to a City of Elgin vehicle. 27 Section 3. Driver Qualification. Every new employee who will operate a City of Elgin vehicle or their own personal vehicle on city business will be required to supply evidence of a valid driver's license. A copy of the license should be obtained by Human Resources and filed in the employee's personnel file for future reference. Each employee's driving record will also be verified by obtaining a driving record abstract from the vehicle operator's respective state government Motor Vehicle Department. This shall be done by the Human Resources Department prior to employment and before vehicle assignment or use. The applicant must sign an authorization form for City of Elgin to obtain the Motor Vehicle Record (MVR) abstract. Before each applicant and/or employee is initially assigned to operate a city vehicle or use their own vehicle on city business, they will be expected to complete the City of Elgin "Driving Record Report"listing any prior accidents and/or moving violations. This report should be correlated with the state MVR report to verify the accuracy of data received. All current and/or prospective employees who will regularly drive a City Of Elgin vehicle, or their own vehicle on city business, must have an acceptable driving record, as defined by this policy, on file. Those lacking an acceptable record should not be hired and/or restricted from driving on city related business. At the minimum, annual MVR reviews will be run by the City Police Department on anyone involved in regular use of a personal or City of Elgin vehicle for city business. Employees with prior accidents may be reviewed on a more frequent basis. The Human Resources Department will provide the police department with appropriate employee names for the MVR checks. Section 4. Driver's License. For positions for which a driver's license is required in the job description as written at the time of the affected employee's date of entry into the position, possession of a valid driver's license in the appropriate classification shall constitute an essential job function. Employees'driving records must comply with the driving record requirements outlined in the Fleet Safety Program herein. An employee whose license is suspended may be considered for an alternate assignment. ARTICLE XXIV HEPATITIS B VACCINATIONS AND TUBERCULOSIS TESTING Hepatitis B vaccinations and tuberculosis testing shall be offered at no cost to Clerical Technical bargaining unit employees who have an occupational exposure to blood or other potentially infectious materials. An employee who declines the vaccination shall complete a waiver which shall be kept in the employee's medical file in Human Resources. Any employee who initially declines the vaccine may receive the vaccine at a later time if the employee desires to receive the vaccinations. 28 An employee who elects to receive the vaccination shall complete a consent form and vaccination record, which shall be kept in the employee's medical file in Human Resources. ARTICLE XXV IMPROPER ORDERS Members receiving lawful orders they feel to be improper shall first obey the order to the best of their ability and in compliance with the law. The member may then appeal the matter through the chain of command. Appeals shall be made to the department head in writing on a form provided by the City. Such appeals may be forwarded to the City's legal department for review in the department head's sole discretion. ARTICLE XXVI ENTIRE AGREEMENT The parties acknowledge that, during the negotiations which resulted in this Agreement,each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreement arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore,the City and the Union, for the duration of this Agreement,each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter referred to or covered in this Agreement,including the impact of the City's exercise of its rights as set forth herein on hourly wages, fringe benefits,or terms and conditions of employment,or with respect to any subject or matter not specifically referred to or covered in this Agreement,even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. This Agreement may only be amended during its term by the parties' agreement in writing. ARTICLE XX VII DIRECT DEPOSIT The parties agree that effective with the date of this Agreement, all employees covered by this Agreement shall establish and maintain a bank account which will permit such employees to receive their paychecks via direct deposit. 29 ARTICLE XXVIII SAVINGS If any provision of this Agreement is subsequently declared by legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statues or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. ARTICLE XXIX TERM Unless otherwise specifically provided,this Agreement shall be in full force and effect on December 25, 2005 and shall continue until and including December 20, 2008. It shall be automatically renewed form year to year thereafter unless either party shall notify the other in writing sixty(60) days prior to the expiration date set forth above or each yearly period thereafter, if applicable. Notwithstanding the expiration date set forth above,this entire Agreement shall remain in full force and effect during the period of negotiations and until a successor agreement is ratified by both parties. Retroactivity. If the Group fails to ratify and execute an agreement prior to the expiration of this Agreement(December 20,2008),it shall be understood that retroactivity will not be guaranteed but will instead be subject to negotiations. ARTICLE XXX JOINT LABOR MANAGEMENT COMMITTEE Both parties shall establish a Joint Labor Management Committee(JLMC)which shall be comprised of an equal number of participants from the Union and the City, with a minimum of four members from each side. The committee shall serve in an advisory capacity only to discuss labor relations and health and safety issues of mutual interest to both parties for the sole purpose of establishing a harmonious working relationship between the union employees and the Employer. The JLMC shall not have the power to alter or change in any way the provisions of this agreement or to resolve grievances. Meetings shall be held on a quarterly or as needed basis at a prearranged date and location. Employees on the JLMC will be paid at their regular straight time hourly pay for time spent in committee meetings during their regular working hours. Meeting hours outside the normal working hours of members will not be considered as time worked nor used in the calculation of overtime. 30 ARTICLE XXXI RESIDENCY There shall be no residency requirement for employees covered by this bargaining unit. EXECUTED THIS day of , 2007 after approval by the City Council, City of Elgin, and after ratification by the Group membership. FOR T- CITY FOR THE UNION: By: W11611WitlitL Olufemi .Darin William H. Potts, Jr. City Manag SEIU Local 73 ATTEST: ATTEST: City Clerk Frank Sy_ 1 Union Chairman F:\Legal Dept\Agreement\SEIU\Clerical Tech-2005 thru 2008\Agreement-4-20-07-clean.doc 31 ATTACHMENT A JOB CLASSIFICATIONS The appropriate unit for negotiations with the Clerical/Technical Employee Group shall include all non-probationary full-time employees in the following job classifications in the General Services, Fiscal Services, Community Development, Parks and Recreation Department, Fire and Police Departments. Employees who are specifically excluded are certain clerical employees in the offices of the City Manager, Police Chief, Fire Chief, Legal Department, and the Human Resources Department. Animal Control Officer Bilingual Clerk Typist Building Inspector Building Maintenance Technician Building Maintenance Worker Building Operations Worker Central Services Coordinator City Hall Security Officer Clerk Typist Code Enforcement Officer Code Enforcement Technician (bilingual) Community Outreach Worker Community Service Officer Court Liaison Officer Crew Leader Custodial Custodian Customer Service Clerk Hispanic Outreach Worker Lead Customer Service Clerk Paralegal Permit Control Officer I Permit Control Officer II Planning Technician Principal Account Clerk Program Administrator Public Safety Telecommunicator Purchase Order Administrator Records Clerk Rehabilitation Specialist Sanitarian Secretary Senior Building Inspector Senior Code Enforcement Officer Stage Technician 32 ATTACHMENT B ALTERNATIVE IMPASSE RESOLUTION PROCEDURE WHEREAS, the provision of §1614 (p) of the Act provide that the parties may agree to submit their unresolved disputes concerning wages,hour,terms and conditions of employment to an alternative form of impasse resolution; NOW,THEREFORE,based upon the mutual benefits and consideration set forth herein,the receipt and sufficiency of which for each party is hereby acknowledged,the City and the Union agree to the following Alternative Impasse Resolution Procedure: Section 1. Authority for Agreement. The parties agree that the statutory authority for this Agreement is §1614 (p) of the Illinois Public Labor Relations Act("Act"). The parties intend the provisions of this Agreement to represent and constitute an agreement to submit to an alternative form of impasse resolution any unresolved disputes concerning the wages, hours, terms and conditions of employment of the employees represented by the Union that are subject to the negotiations for a successor Agreement. Section 2. Selection of Arbitrator and Naming of Panel. The parties that should it become necessary to submit their unresolved disputes in negotiations to arbitration pursuant to §1614, they will engage in the arbitration of impasses procedure described in the Act and the Rules and Regulations of the Illinois State Labor Relations Board ("Board"), subject to the following: (a) Service of Demand for Compulsory Interest Arbitration: The parties agree that a Demand for Compulsory Interest Arbitration filed by either party upon the other prior to February 1,2009,with respect to the negotiations for a successor Agreement shall be deemed to be a proper and timely demand as provided in the Act and the Rules and Regulations of the Board; further,that arbitration proceedings under the Act and those Rules and Regulations shall be deemed to have been initiated and commenced on the date of service and filing of the Demand for Compulsory Interest Arbitration; (b) Arbitrator Selection Process. The parties agree that notwithstanding the filing and service of any Demand for Compulsory Interest Arbitration by the Union, the selection of an arbitrator will be delayed until such time as either party serves upon 33 the representative of the other, in writing by certified mail, a demand that the arbitrator selection process be commenced, provided that at least one month of mediation has occurred. It is further agreed that: (i) During this period of delay,the parties agree to continue good faith collective bargaining with the advice and assistance of the Mediator from FMCS: (ii) Within seven(7)days of receipt by the other party of the written demand that selection of an arbitrator begin, the representatives of the parties shall meet and attempt to mutually agree upon an arbitrator. The parties agree that the arbitration proceedings shall be heard by a single, neutral arbitrator. Each party waives the right to a three member panel of arbitrators as provided in the Act; (iii) In the absence of agreement on a neutral arbitrator, the parties shall file a joint request with the American Arbitration Union ("AAA") for a panel of seven (7) arbitrators from which the parties shall select a neutral arbitrator. The parties agree to request the AAA to limit the panel to members of the National Academy of Arbitrators. Both the City and the Union shall each have the right to reject one panel in its entirety within seven(7)calendar days of its receipt and request that a new panel be submitted. The parties agree to engage in the AAA's ranking process for purposes of determining which of the seven (7) arbitrators on the panel shall serve as the neutral arbitrator, provided that each party may strike or cross out not more than two(2)of the arbitrators on the panel before ranking the remaining arbitrators on the panel. Each party shall have fourteen (14) days from the date the panel list is received from the AAA to number the names on the panel list in order of preference and return the list to the AAA. In accordance with the designated order of mutual preference, the AAA shall invite the acceptance of the arbitrator to serve. In the event that the arbitrator declines or is unable to serve, the AAA shall invite the next arbitrator in designated order of mutual preference to so serve. In the event that he declines or is unable to serve,the 34 parties agree to jointly request a new panel of seven(7) arbitrators from the AAA and commence the selection process anew. It is further agreed that the AAA's role and participation in the arbitration process shall be strictly limited to providing the panel(s) and administering the selection process. Once an arbitrator has been selected by means of the parties' ranking of the members of the panel,the AAA's participation in the arbitration proceedings shall be terminated. The parties shall divide equally any costs associated with the AAA administering the selection process. The parties shall inform the AAA of this limited role by joint letter at the time the first panel is requested; (iv) The parties shall jointly communicate all remaining aspects of the arbitration (including but not limited to scheduling of post-hearing briefs) directly with the neutral arbitrator in the manner prescribed in the Act and the Rules and Regulations of the Board. (c) Issues in Dispute and Final Offers. Within seven(7)calendar days of the service of a demand that the arbitrator selection process commence, the representatives of the parties shall meet and develop a written list of those issues that remain in dispute. The representatives shall prepare a Stipulation of Issues in Dispute for each party to then execute and for submission at the beginning of the arbitration hearing. The parties agree that only those issues listed in the Stipulation shall be submitted to the arbitrator for decision and award. It is further agreed that: Each party retains the right to object to any issue on the grounds that the same constitutes a non-mandatory subject of bargaining; provided, however, that each party agrees that it will notify the other of any issue that it regards as a non-mandatory subject of bargaining not later than the first negotiation meeting where the issue is substantively discussed. Should any disputes arise as to whether a subject is a mandatory subject of bargaining,the parties agree to cooperate in obtaining a prompt resolution of the dispute by the Board pursuant to the Act and the Rules and Regulations of the Board [Section 1200.140(b)]. Either party may file a petition with the Board's General 35 Counsel for a declaratory ruling after receiving such notice from either party that it regards a particular issue a non-mandatory subject of bargaining. (ii) Not less than seven(7) calendar days prior to the date when the first day the arbitration hearings are scheduled to commence, the representatives of the parties shall simultaneously exchange in person their respective written final offers as to each issue in dispute as shown on the Stipulation of Issues in Dispute. The foregoing shall not preclude the parties from mutually agreeing to resolve any or all the issues identified as being in dispute through further collective bargaining. (d) Authority and Jurisdiction of Arbitrator. The parties agree that the neutral arbitrator shall not function as a mediator unless mutually agreed by the City and the Union. The arbitrator selected and appointed to resolve any disputes that may exist in these negotiations shall have the express authority and jurisdiction to award increases or decreases in wages and all other forms of compensation(1)retroactive to January 1, 2008 (or to January 1 in any subsequent year if the Agreement is automatically renewed)for the negotiations for a successor Agreement,provided in either instance a party has served upon the other party a timely Demand for Compulsory Interest Arbitration in accordance with the provisions of Section 2(a)above,notwithstanding any delay in the arbitrator selection process that may have occurred or any other modification of the impasse procedure described in the Act and the Rules and Regulations of the Board as a result of this Agreement. Provided one party has served on the other party a timely Demand for Compulsory Interest Arbitration in accordance with the provisions of Section 2(a) above, each party expressly waives and agrees not to assert any defense, right or claim that the arbitrator lacks the jurisdiction and authority to make such a retroactive award of increased or decreased wages or other forms of compensation. (e) Discretion and Judgment of Arbitrator. The parties do not intend by this Agreement to predetermine or stipulate whether any award of increased or decreased wages or other forms of compensation should in fact be retroactive,but rather intend to insure 36 that the arbitrator has the jurisdiction and authority to so award retroactive increases or decreases, provided a timely Demand for Compulsory Interest Arbitration has been submitted by one party, should he in his discretion and judgment believe such an award is appropriate. Conduct of Hearings. The parties agree that all arbitration hearings shall be conducted as follows: (i) Hearings shall be held in the City of Elgin, Illinois, at a mutually agreed location. Hearings may be conducted outside the City of Elgin only by written mutual agreement; (ii) The hearings shall begin within thirty(30) days of the notification from the AAA that the arbitrator selected has accepted the appointment to serve as the neutral arbitrator. The parties by mutual written agreement may agree to delay the date of the first hearing for a period up to ninety (90) days. The hearings shall be scheduled on mutually agreed dates, subject to the reasonable availability of the arbitrator and the representatives of the parties and shall be concluded within thirty(30)days of the date of the first hearing; (iii) The party requesting arbitration shall proceed with the presentation of its case first, followed by the non-requesting party. Each party shall have the right to submit rebuttal evidence and testimony, as well as to submit a post-hearing brief. Post-hearing briefs shall be simultaneously submitted directly to the arbitrator, with a copy sent to the opposing party's representative, within twenty-one (21) calendar days of the conclusion of the hearings; (iv) The arbitrator's decision and award shall be issued in writing directly to each party's representative within thirty (30) days of the close of hearings or the submission of post-hearing briefs, whichever is later; (v) A mutually agreed court reporting service shall record and transcribe the hearings. The costs of the neutral arbitrator, as well as the costs of the court reporting service and a copy of the transcript for the arbitrator shall be 37 divided equally. Each party shall be responsible for purchasing its own copy of the transcript and for compensating its witnesses and representatives. Section 3. Remaining Provisions of §1614. Except as expressly provided in this Agreement, the parties agree that the provisions of §1614 of the Act and the Rules and Regulations of the Board shall govern the resolution of any bargaining impasses and any arbitration proceedings that may occur over the negotiations for a successor Agreement. 38 ATTACHMENT C DISCIPLINE ARBITRATION PANEL Edward Benn George Fleischili Lisa Kohn Robert McAllister Robert Perkovich 39 ATTACHMENT D Service Employees International Union Local 73 Elgin Office 2400 Big Timber Rd. Building B Suite 101 Elgin IL. 60124 PHONE: (847) 742-2825 FAX: (847) 742-0210 Union Representative William H. Potts, Jr. Frank Sygulla, Chairman New Employee Information Form PLEASE PRINT First Name: Last Name: Social Security: Date of Birth: Home Address: City: State: Zip: Home Phone: ( ) E-Mail: Job Classification: Work Site: Shift: Date of Hire: Union Member: (Full Dues) COPE: 40 ATTACHMENT E SIDE LETTER GPS/Vehicle Location Technology The City hereby provides the Union with notice that it intends to install and use GPS and/or other locating technology devices in all city vehicles. The city shall be entitled to use such GPS and/or other locating technology data as evidence for all disciplinary or other lawful purposes; provided, however, that the city shall not use such data for any disciplinary purposes unless and until a pre- existing, independently obtained reasonable suspicion exists that the subject employee has, within the preceding 4 months, engaged in conduct that would justify the imposition of discipline. Video Surveillance Equipment The City shall remove the two (2)video cameras currently installed and directed toward employee cubicles in the records division of the police department and shall not reinstall such cameras during the term of this agreement,other than as may be required pursuant to the investigation of a criminal act. The City shall provide the Union with written notice prior to the installation and use of any video surveillance equipment in exclusively non-public employee work areas,such as offices and cubicles, not currently installed; provided, however, that the city shall not be required to provide the Union with notice of the installation and use of such equipment, including but not limited to covert video surveillance equipment,when such installation and use of video surveillance equipment is pursuant to a criminal investigation. The City shall not use for employee disciplinary purposes images or info„iliation obtained from any video surveillance equipment installed in any city building unless the subject employee behavior also constitutes a criminal act. Consideration Any and all consultations, contact forms, complaints or discipline of any kind issued to employees prior to the date of this agreement for infractions that were discovered through the use of the video surveillance equipment shall be removed from the employees' personnel files. In consideration for the covenants and agreements set forth herein, the Union shall withdraw with prejudice any grievances,unfair labor practice charges and arbitrations pertaining to or arising out of or in connection with any of the issues that are the subject matter of this agreement, including, but not limited to,any pending matters involving any terminated employee,including,but not limited to, Richard Jensen; and the Union shall withdraw and dismiss with prejudice the unfair labor practice charge filed in relation to this matter, commonly known as Case Number S-CA-06-217. 41 ATTACHMENT F REQUEST FOR LEGAL OPINION (To be submitted in Duplicate) TO: William A. Cogley, Corporation Counsel FROM: DATE: GENERAL SUBJECT: Description of request, including all relevant information (attach additional sheets or exhibits as necessary) including previous requests on subject, specific facts prompting inquiry, copies of relevant correspondence and documents. Identify special circumstances requiring immediate response: Department Head: Forward to Legal? Yes No Department Head Signature: FOR LEGAL DEPARTMENT USE: Returned for following: RECEIVED: ROUTE TO: RESPONSE DUE: 42 ATTACHMENT G SIDE LETTER TO DECEMBER 25, 2005 —DECEMBER 20, 2008 AGREEMENT BETWEEN THE CITY OF ELGIN AND CLERICAL TECHNICAL GROUP SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 The City of Elgin and Clerical/Technical Employee Group/SEIU Municipal Division, Local 73 agree as follows: One(1) Community Service Officer position shall be moved out of the Union and may be replaced at management's sole discretion. Community Service Officer James Rog shall be upgraded to pay grade 23 with the new title of Animal Control Officer. The remaining Community Service Officer positions shall be upgraded to pay grade 22. The Lead Jailer assignment shall be upgraded to pay grade 23. The Hispanic Outreach Worker shall be upgraded to pay grade 16. The Program Administrator shall be upgraded to pay grade 17 and renamed Rental Licensing Program Administrator. The Community Outreach Worker shall be renamed Community Outreach/Special Events Worker. Pay ranges for new pay grades 17, 22 and 23 are as follows for 2007: Step 1 2 3 4 5 6 Pay Grade 23 2007 44341 46241 48075 49882 52039 54209 Pay Grade 22 2007 43471 45335 47132 48903 51018 53146 Pay Grade 17 2007 38806 40577 42453 44410 46445 48573 Such upgrades shall go into effect the first day of the new pay period following Elgin City Council ratification of the Agreement. FOR THE UNION FOR THE CITY OF ELGIN Date: Y-z v-© '7 1 .te: I. • ©.� 43 SIDE LETTER BETWEEN CLERICAL TECHNICAL GROUP SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 AND THE CITY OF ELGIN Collective Bargaining Agreement Article XI, Holiday and Personal Days, Section 2, last sentence, is amended to state: Such floating holiday shall be taken between October 1 and January 1. SEIU Clerical Tech The City of Elgin